Recording Medicals Victory plus DLA to PIP: Your Concerns

Back in September 2010 we asked you to email Professor Harrington, the independent reviewer of the work capability assessment,  and ask for the right to record your employment and support allowance medical.  Many of you did so.  As a direct result, one of the recommendations of the first Harrington report was that there should be a trial of audio recording work capability face-to-face assessments.

Since then the DWP and Atos have dragged their feet on announcing the results of the trial and it has become clear that wholesale recording of all medicals is not going to happen.

However,  thanks to the work of campaigner Paul Smith, the DWP have now admitted in writing that claimants can now have their medical recorded for free by Atos.  We’ve got more details and a sample letter you can use to ask for your assessment to be recorded.  (Members only, join us now for instant access).

Huge ESA victory – now you have till Tuesday to save DLA

Stop Press:  Spartacus Report lead author Sue Marsh will be on Newsnight tonight (Thursday) head-to-head with employment minister Chris Grayling.  Good luck Sue.
Dear rob,

It’s not often we get to celebrate here at Benefits and Work.  So there has been enormous delight at the government suffering three – or possibly two - unexpected defeats in succession in the House of Lords over welfare reform

But if you want real joy, then please take part in the fight to save DLA.  It really is possible - but only if you act before Tuesday’s vote.  Please help to nail the latest government lie that you’re actually in favour of axing DLA.

Also in this newsletter, the shameful revelation that DWP decision makers can now have your appeal struck out before providing any evidence at all. They just need to tell the tribunal clerk that you said on the telephone that you no longer wished to continue and that’s it.

Mayor Boris Johnson victim of DLA con trick

Dear rob,
London Mayor Boris Johnson is just one of thousands of individuals and organisations whose overwhelming opposition to axing disability living allowance has been grossly misrepresented by the government in an effort to force through the highly controversial change.

This is the claim made by an ad hoc group of disabled campaigners in a highly detailed report ‘Responsible reform’ released today.  If true it could lead to legal challenges to the welfare reform bill and to questions as to whether conservative ministers deliberately misled parliament.  The authors of the report are calling for a pause of at least six months before legislation introducing PIP is voted on, in order to allow the views of disabled people to be properly taken into account.  They are also calling for help from Benefits and Work readers.

In December 2010 the government began a consultation on reforming DLA by replacing it with PIP.  Over 5,000 individuals and more than 500 organisations took part in the consultation.

Festive Membership Gift Offer plus DWP Hires Bounty Hunters and Crackdown On Cancer Victims


Dear rob,

The coalition have stooped to new levels of viciousness this month.

They now propose to end  exemption from employment and support allowance (ESA) medicals for people enduring  the debilitating misery of chemotherapy.  They also want to claw back mortgage interest payments from the estates of dead claimants.

In addition, credit checking agency Experian are to be used as ‘bounty hunters’ to go through claimants confidential financial records for evidence of fraud.

And the DWP have also teamed up with national charity  Crimestoppers in a campaign which shows people with faces contorted with rage and fury – and even raising a fist – as they think about  claimants they believe are committing fraud.

£15 GIFT MEMBERSHIP FOR XMAS
We can’t do anything about these increasingly ugly attacks on claimants, but we can give you the opportunity to give a Benefits and Work annual subscription to a friend or relative this Christmas for just £15, reduced from 19.45.

Can you force the DWP to contact your consultant?

Dear rob,

Firstly, we’d like to apologise if the Benefits and Work site is too busy to access when you click on links in this newsletter?  We upgraded to a faster server at the weekend, but we won’t know until this edition goes out whether that has solved the problem of desperately slow page opening times when thousands of people all try to read an article at once.

If you can’t get through now, please try again later – it will quieten down eventually.  This newsletter goes out to over 80,000 people and that number is increasing every day, hence the strain on our server.

ESA NEWS
At the risk of making the server even more unhappy, if you are currently challenging an ESA decision or helping someone else to do so, then please download the latest edition of the ESA appeals guide from the members area.

Given the increasing difficulty claimants have obtaining medical evidence, we’ve made some suggestions as to how you might make use of the tribunal judge’s  power to issue directions.  This could be in relation to documents you think should be before the tribunal or evidence you think the DWP should obtain. We’ve included a sample letter asking for a judge to order the DWP to contact your  consultant for medical evidence.  We don’t know if it will work but it’s certainly worth  a try.  The same tactic could be used for DLA appeals too.   You’ll find it in the ‘After the appeal is lodged’ section of the guide.

We’ve also updated the text we suggest you use for your appeal form, to take into account the fact that decision makers are now more likely to telephone you if you lodge an appeal.  In addition, we’ve included information about options for dealing with a decision maker’s call.

Motability Choices Cut, ESA Claim Time Slashed


SAVE ON MEMBERSHIP
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And, with our 7 day, no-questions-asked, money-back guarantee, there’s no risk to you at all.


Dear rob,

In this edition there’s news of cuts to the kinds of cars available through the Motability scheme – and who can drive them .  We also have news of a cut from 6 weeks to 4 weeks in the time allowed to complete and return an ESA50 questionnaire for employment and support allowance.

But before we get to the news, we’d be grateful if you could take the time to help us reach a decision on whether to launch a new service for claimants – you don’t need to be a member of Benefits and Work to take part.

FREELANCE WELFARE RIGHTS ADVICE AND £50 AMAZON VOUCHERS DRAW
With proposed cuts, especially in legal aid, there may soon be a lot less free advice available and many more welfare rights workers made redundant. In view of this, we are considering setting up a separate website where welfare rights advisors can advertise their freelance services to claimants.

The new service will have a number of safeguards built in, which you can read about at the start of our survey.

But, before we decide whether to take this idea any further we really want  to hear what you think of the idea, rob.  If you do decide to complete the survey,  you’ll also be entered intoa draw for a prize of £50 of Amazon vouchers, unless you’d prefer to remain anonymous.  

Hopeless, petrified and then . . . DLA appeal true story; plus more forced onto work scheme

Dear rob,

We thought, for once, instead of just  a good news post, you might like to have the full story.

What it’s really like preparing for, and turning up at, an appeal.

We’ve chosen an example of dramatic loss – a member who went from getting disability living allowance  higher rate care and mobility components to getting nothing, after an Atos doctor’s visit.  They posted the news along with a heartfelt plea for help and a confession that they felt like just giving up.

But, like many people, their feelings of hopelessness turned to grim determination when they saw what had been written about them by Atos and they began to muster their evidence.

As the day of the hearing drew near, however, anger turned to terror at the imminent prospect of arguing their case in front of a judge and two wing members, with only a relative for support.

And finally, the day of the hearing arrived . . .

Whilst our members have been fighting for their benefits, we’ve been  busy on the freedom of information front.